Birthright Citizenship

The question of who qualifies for U.S. citizenship at birth has been a topic of debate for years, but it has gained renewed attention recently. Birthright citizenship means that people born in the United States automatically become U.S. citizens. This approach is rooted in the Citizenship Clause of the 14th Amendment. However, some argue that this approach should be reconsidered, especially regarding children born to noncitizen parents.

Recent discussions have challenged long-standing legal precedents and sparked debate over whether birthright citizenship could be limited through presidential action or congressional statute, or if a constitutional amendment would be necessary. In this Constitution Daily blog post, we take a look at the history of birthright citizenship.

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In this Constitution Daily blog post, we discuss the birthright citizenship question and the Constitution.

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Comprehension Questions

1. What are the legal and historical foundations of birthright citizenship?
2. What does the 14th Amendment say about citizenship? Who Qualifies?
3. What are some of the cases and pieces of legislation that implicated the Fourteenth Amendment’s Citizenship Clause throughout history?

Student Choice Activity

1. Read this blog post on what other countries’ constitutions say about birthright citizenship and create a diagram that compares and contrasts the different approaches. What surprises you or interests you about these comparisons?
2. Read the majority and dissenting opinions in United States v. Wong Kim Ark from our Founders’ Library. Create a visual representation that summarizes each opinion.
3. Create a timeline of how citizenship has been defined through American history. Include the big questions that the courts and legislatures have grappled with, and how they have interpreted key pieces of amendments and laws.

Historical Foundations through Primary Sources
Looking for primary sources related to birthright citizenship? Consider checking out:

1. 14th Amendment to the Constitution
2. The Supreme Court’s ruling in United States v. Wong Kim Ark (1898)
3. Senator George Frisbie Hoar's Remarks on Chinese Immigration (1882)

Develop Constitutional Thinking Skills with Current Events

1. What is Citizenship? (We the People podcast)
2. What do other countries' constitutions say about birthright citizenship? (Constitution Daily blog)
3. What is the Citizenship Clause of the 14th Amendment? (Khan Academy Constitution 101 student course video)